t  h  -a 

CONSTITUTION, 

O    R 

FORM     of     GOVERNMENT, 

AGREED  TO,  and  RESOLVED  UPON* 
BY  THE 

Representatives  of  the  Freemen 

OF  THE 

ST        A        T         E 

O      F 

NORTH-CAROLINA, 

Elected  and  chosen  for  that  particular  Pvrpose, 

In    CONGRESS   assembled,  at   HALIFAX* 

The  Eighteenth  Day  of  December,  in  the  Year  ©f  our  Lorb 
One  Thoufand  Seven  Hundred  and  Seventy- Six, 

PHILADELPHIA: 
Printed   by   F     ?  A  I  L  E  Y,    in  Market-Street, 

?•   .DCC.X.XX.1X. 


C    3    3 

A  Declaration  0/ Rights,  made  by 
the  Reprefentatives  of  the  Freemen  of 
>       the  State  of  North-Carolina. 

I.  HpHAT  all  Political  Power  is  veiled  in,    and 
X     derived  from,  the  People  only. 

II.  That  the  People  of  this  State  ought  to  have  the 
fole  and  exclufive  Right  of  regulating  the  internal 
Government  and  Police  thereof. 

III.  That  no  Man,  or  fet  of  Men,  are  intitled  to 
exclufive  or  feparate  Emoluments  or  Privileges  from 
the  community,but  in  confideration  of  publicfervices. 

IV.  That  the  legiflative,  executive,  and  fupreme 
judicial  Powers  of  Government,  ought  to  be  for  ever 
feparate  and  diftinct  from  each  other. 

V.  That  all  powers  of  fufpending  Laws,  or  the 
Execution  of  Laws,  by  any  Authority,  without  Con- 
fent  of  the  Reprefentatives  of  the  People,  is  injuri- 
ous to  their  Rights,  and  ought  not  to  be  exercifed. 

VI.  That  Elections  of  Members,  to  ferve  as  Re- 
prefentatives in  General  AfTembly,  ought  to  be  free. 

VII.  That  in  all  criminal  Profecutions  every  Man 
has  a  Right  to  be  informed  of  the  accufation  againft 
him,  and  to  confront  the  Accufeis  and  WitneiTes 
with  other  Teftimony,  and  fhall  not  be  compelled  to 
give  Evidence  againft  himfelf. 

VIII.  That  no  Freeman  fhall  be  put  toanfwer  any 
criminal  Charge  but  by  Indictment,  Prefentment,  or 

I Impeachment. 
^    IX.  That  no  Freeman  fhall  be    convicted    of  any 
Crime,  but  by  the  unanimous   Verdict  of  a  Jury  of 
good  and  lawful  Men,  in  open  Court,  as  heretofore 
ufed. 

X.  That  exefftve  Bail  mould  not  bevrequired,  nor 
cxceffive  Fines  impofed,  nor  cruel  or  unufual  Pu- 
nifhments  inflicted. 

XI.  That  General  Warrants,  whereby  any  Officer 

or 


(    4    ) 

or  Meflenger  may  be  commanded  to  fearch  fufpecled 
Piaces,  without  Evidence  of  the  Fa.dk  committed, 
or  to  feize  any  Perfon  or  Perfons  not  named,  whofe 
Offences  is  not  particularly  defcribed  and  Supported 
by  Evidence,  are  dangerons  to  Liberty,  and  ought 
not  to  be  granted. 

XII.  That  no  Freqgnan  ought  to  be  taken,  impri- 
foned,  or  difleized  of  his  freehold,  Liberties  or  Pri- 
vileges, or  outlawed  or  exiled,  or  in  any  Manner 
deftroyed  or  deprived  of  his  Life,  Liberty,  or  Pro- 
perty, but  by  the  Law  of  the  Land. 

XIII.  That  every  Freeman  reftrained  of  his  Li- 
berty is  intitled  to  a  Remedy  to  inquire  into  the 
Lawfulnefs  therof,  and  to  remove  the  fame  if  un- 
lawful, and  that  fuch  Remedy  ought  not  to  be  deni- 
ed or  delayed. 

XIV.  That  in  all  controverfies  at  Law  refpe&ing 
Property,  the  ancient  Mode  of  Trial  by  Jury  is  one 
of  the  beft  Securities  of  the  Rights  of  the  People, 
and  ought  to  remain  facred  and  inviolable. 

XV.  That  the  freedom  of  the  Prefs  is  one  of  the 
great  Bulwarks  of  Liberty,  and  therefore  ought  ne- 
ver to  be  reftrained.  v 

XVI.  That  the  People  of  this  State  ought  not  to  be 
taxed,  or  made  fubjecl:  to  the  Payment  of  any  ImT 
poft  or  Duty,  without  the  Confent  of  themfelves,  or 
their  Reprefentatives  in  General  Aflembly,  freely 
given. 

XVII.  That  the  People  have  a  Right  to  bear  Arms 
for  the  defence  of  the  State  ;  and  as  ftanding  Ar- 
mies in  Time  of  Peace  are  dangerous  to  Liberty, 
they  ought  not  to  be  kept  up  ;  and  that  the  Military 
fhould  be  kept  under  ftricl;  Subordination  to,  and 
governed  by  the  civil  Power. 

XVIII.  That  the  People  have  a  Right  to  aflemble 
together,  to  confult  for  their  common  good,  to  in- 
itruft  their  Reprefentatives,  and  to  apply  to  theLe- 
giflauire  for  Radrefs  of  Grievances. 

XIX.  That  all  Men  have  a  natural  and  unaliena- 

able 


(    s    ) 

ableRight  to  worfhip  Almighty    God,   according   to 
the  Dictates  of  their  own  Confcience. 

XX.  That  for  Redrefs  of  Grievances,  and  for  a- 
mending  and  ftrengthening  the  Laws,  Elections 
ought  to  be  often  held. 

XXI.  That  a  frequent  Recurrence  to  fundamen- 
tal Principles  is  abfolutely  necelTary  to  preferve  the 
Bleffings  of  Liberty. 

XXII.  That  no  hereditary  Emoluments,  Privile- 
ges, or  Honours,  ought  to  be  granted  or  conferred 
in  this  State. 

XXIII.  That  Perpetuities  and  Monopolies  are  con- 
trary to  the  Genius  of  a  free  ftate  and  ought  not  to 
he  allowed. 

XXIV.  That  retrofpeclive  Laws  punilhing  Facts 
commited  before  the  exiftanee  of  fuch  Laws,  and  by 
them  only  declared  criminal,  are  oppreflive,  unjuft, 
and  incompatible  with  Liberty,  wherefore  no  ex  poft 
Faflo  Law  ought  to  be  made. 

XXV.  The  property  of  the  Soil  in  a  free  Govern- 
ment being  one  of  the  eflentiai,,Rights  of  the  collec- 
tive Body  of  the  people,  it  is  neceflary,  in  order  to 
avoid  future  Difputes,  that  the  Limits  of  the  State 
Should  be  afcertained  with  Precifion  ;  and  as  the 
former  temporary  Line  between  North  and  South  Ca- 
rolina was  confirmed  and  extended  by  commiffioners, 
appointed  by  the  Legiflatures  of  the  two  States,  a- 
greeable  to  the  Order  of  the  late  King  George  II.  in 
Council,  that  Line, and  that  only,  mould  be  efleem- 
ed  the  Southern  Boundary  of  this  State, that  is  to  fay, 
Beginning  on  the  Sea  Side  at  a  Cedar  Stake,  at  or 
near  the  Mouth  of  Little  River  (being  the  Southern 
Extremity  of  Brunpmick  County,  and  running  from 
thence  a  North  Weft  Courfe  through  the  Boundary 
Houfe,  which  (lands  in  thirty  three  Degrees  fifty 
fix  Minutes  to  thirty  five  Degrees  North  Latitude, 
and  from  thence  a  WehVCourfe,  fo  far  as  is  mention- 
ed in  the  Charter  of  King  Charles  II.  to  the  late  Pro- 
prietors of  Carolina  :  Therefore  all  the  Territory, 
Seas,  Waters,  and  Harbours,  with  their  Appurten- 
ances, 


(    6    ) 

ance's,  lying  between  the  Line  above  defcribed  and 
the  Southern  Line  of  the  State  of  Virginia,  which 
begins  on  the  Sea  Shore,  in  thirty  fix  Degrees  thir- 
ty Minutes  North  Latitude,  and  from  thence  runs 
Weft  agreeable  to  the  faid  Charter  of  King  Charles, 
are  the  Right  and  property  of  the  people  of  this 
State,  to  be  held  by  them  in  Sovereignty  ;  any  par- 
tial Line,  without  the  Confent  of  the  Legiflature 
of  this  State,  at  any  Time  thereafter  directed,  or 
laid  out  in  anywife  notwithftanding.  Provided  always, 
That  this  Declaration  of  Right  (hall  not  prejudice 
any  Nation  or  Nations  of  Indians  from  enjoying  fuch 
hunting-Grounds  as  may  have  been,  or  hereafter 
fhall  be  fecured  to  them,  by  any  former  or  future 
Legiflature  of  this  ftate.  And  provided  alfo>  That  it 
fhall  not  be  conftrued  fo  as  to  prevent  the  Eftablifh- 
ment  of  one  or  more  Governments  Weftward  of  this 
State,  by  Confent  of  the  Legiflature.  And  provided 
further.  That  nothing  herein  contained  fhall  affect 
the  Titles  or  Pofleflions  of  individuals,  holding  or 
claiming  under  the  Laws  heretofore  in  Force,  or 
Grants  heretofore  by  the  late  King  George  III.  or  his 
Predeceflbrs,  or  the  late  lords  Propriators,  or  any 
of  them. 


The 


(     7    ) 

The  Conjlitution,  or  Form  of  Government 
agreed  to  and  refolved  upon  by  the  Repre-, 

fentatives  of  the  Freemen  of  the  State 
of  North  Carolina,    elected  and  chofen 

for  that  particular  Purpofe*  in  Con- 
grefs  affembled,  at  Halifax,  the  Eighteenth 
Day  of  December,  in  the  Tear  of  our 
I^ordOne  Thoufand  Seven  Hundred  and 
Seventy  fx. 

WHEREAS  Allegiance  and  Protection  are  in 
their  Nature  reciprocal,  and  the  one  fhould 
of  Right  be  refufed,  when  the  other  is  withdrawn  ; 
and  whereas  George  the  Third,  King  of  Great  Britain, 
and  late  Sovereign  of  the  Britifh  American  Colonies,, 
hath  not  only  withdrawn  from  them  his  Protection, 
but  by  an  act  of  the  Briti/h  Legiflature  declared  the 
Inhabitants  of  thefe  States  out  of  the  Protection  of 
the  Britijh Crown,  and  all  their  Property  found  up- 
on the  High  Seas  liable  to  be  feized  and  confifcated 
to  the  Ufes  mentioned  in  the  faid  Act ;  and  tjie  faid 
George  the  third  has  alfo  fent  Fleets  and  Armies  to 
profecute  a  cruel  War  againft  them,  for  the  purpofe 
of  reducing  the  Inhabitants  of  the  faid  Colonies  to  a 
State  of  abject  Slavery;  in  Confequence  whereof,  all 
Government  under  the  faid  King  within  the  faid  Co- 
lonies hath  ceafed,  and  a  total  Diflblution  of  Govern- 
ment in  many  of  them  hath  taken  Place.  And 
whereas  the  Continental  Congrefs,  having  confider- 
ed  the  Premifes,  and  other  previous  Violations  of  the 
Rights  of  the  good  People  of  America,  have  there- 
fore declared,  that  the  Thirteen  United  Colonies 
are  of  Right  wholly  abfolved  from  all  Allegiance  to 
the  Britijh  Crown,  or  any  other  foreign  Jnrifdiction 
whatfoever;  and  that  the  faid  colonies  now  are,&for 

ever 


(  •«  ) 

ever  (hall  be,  free  and  independent  States :  Where* 
fore,  in  our  prefent  State,  in  order  to  prevent  Anar* 
chy  and  Confufion,  it  becomes  neceflary  that  Govern- 
went  fhould  be  eftablifhed  in  this  State  ;  therefore 
We,  the  reprefentatives  of  the  Freemen  of  North  Ca~ 
rolina,  chofen  and  afTembled  in  Congrefs,  for  the  ex- 
prefs  purpofe  of  framing  a  Conftitution,  under  the 
Authority  of  the  people,  moft  conducive  to  their  Hap- 
pinefs  and  profperity,  do  declare,  that  a  Govern- 
ment for  this  State  fhall  be  eftablifhed  in  Manner 
and  Form  following,  to  wit, 

I.  That  the  legiflative  Authority  fhall  be  vefted 
in  two  diftinct  Branches,  both  dependent  on  the 
People,  to  wit,  a  Senate,  and  Houfe  of  Commons. 

II.  That  the  Senate  fhall  becompofedof  Reprefen- 
tatives annually  chofen  by  Ballot*  one  for  each  Coun- 
ty in  the  State, 

III.  That  the  Houfe  of  Commons  fhall  be  compof- 
ed  of  Reprefentatives  annually  chofen  by  Ballot, 
two  for  each  County,  and  one  for  each  of  the  Towns 
of  Edenton,  Newbern,  Wilmington,  Sali/bury,  Hilljbo* 
rough,  and  Halifax, 

IV.  That  the  Senate  and  houfe  of  Commons,  af- 
fembled  for  the  Purpofe  of  Legiflation,  fhall  be  de- 
nominated the  General  AfTembly. 

V.  That  each  member  of  the  Senate  fhall  have 
ufually  reftded  in  the  County  in  which  he  is  chofen 
for  one  Year  immediately  preceeding  his  Election, 
and  for  the  fame  Time  fhall  have  pofleffed,  and 
continue  to  pofTefs,  in  the  County  which  he  repre- 
fents,  not  lefs  than  three  Hundred  Acres  of  Land 
in  Fee. 

VI.  That  each  Member  of  the  Houfe  of  Commons 
fhall  have  ufually  refided  in  the  County  in  which  he 
is  chofen  for  one  Year  immediately  preceding  .his 
Election,  and  for  fix  Months  fhall  have  poffefled, 
and  continue  topoflefs,  in  the  County  which  he  re- 
prefents,  not  lefs  than  One  Hundred  Acres  of  Land 
in  Fee,  or  for  the  Term  of  his  own  Life. 

VII.  That  all  Freemen  of  the  Age  of  Twenty  One 

;  Years, 


( ,") 

Years,  who  have  been  Inhabitants  of  any  one  Coun- 
ty within  the  State  twelve  Months  immediately  pre- 
ceding the  Day  of  any  Election,  and  poflefled  of  a 
Freehold  within  the  fame  Cownty  of  Fifty  Acres  of 
Land  fornix  Months  next  before,  and  at  the  Day  of 
Election,  fhall  be  intitled  to  vote  for  a  Member  of 
the  Senate. 

VIIL  That  all  Freemen  of  the  Age  of  Twenty 
One  Years,  who  have  been  Inhabitants  of  any  Coun- 
ty within  the  State  twelve  Months  immediately  pre- 
ceding the  Day  of  any  Election,  and  mall  have 
paid  Public  Taxes,  (hall  be  intitled  to  vote  for  Mem- 
bers of  the  Houfe  of  Commons  for  the  County  in 
which  he  refides. 

IX.  That  all  Perfons  poflefled  of  a  Freehold  in 
any  Town  in  this  State,  having  a  Right  of  Reprefen- 
tation  and  alfo  all  Freemen  who  have  been  Inhabi- 
tants of  any  fuch  Town  twelve  Months  next  before, 
and  at  the  day  of  Election,  and  fhall  have  paid  Pub- 
lic Taxes,  fhall  be  intitled  to  vote  for  a  Member  to 
reprefent  fuch  town  in  the  Houfe  of  Commons.  Pro- 
vided a/ways,  That  this  Section  fhall  not  intitle  any 
Inhabitant  of  fuch  town  to  vote  for  Members  of  the 
Houfe  of  Commons  for  the  County  in  which  he  may 
refide,  nor  any  Freeholder  in  fuch  County  who  refides 
without,  or  beyond  the  Limits  of  fuch  Town,  to 
vote  for  a  Member  for  faid  Town. 

X.  That  the  Senate  and  Houfe  of  Commons, 
when  met,  fhall  each  have  power  to  choofe  a  fpeak- 
er,  and  other  their  Officers,  be  Judges  of  the  Qua- 
lifications and  Elections  of  their  Members  ;  fit  upon 
their  own  Adjournments  from  Day  to  Day;  and  pre- 
pare bills  to  be  pafled  into  Laws.  The  two  Houfes 
fhall  direct  Writs  of  Election  for  fuplying  interme- 
diate Vacancies,  and  fhall  alfo  jointly,  by  Ballot, 
adjourn  themfelves  to  an^  future  Day  and  Place. 

XI.  That  all  Bills  mall* be  read  three  Times  in 
each  Houfe  before  they  pafs  into  Laws,  and  be  fign- 
ed  by  the  fpeaker  of  both  Houfes. 

XII.  That  every  Ferfon  who  fhall  be  chofen  aMem- 

B      .  fcer 


(  ft  ) 

ber  of  the  Senate  or  Houfe  of  Commons,  or  appoint- 
ed to  any  Office  or  Place  of  Truft,  before  taking  his 
Seat,  of  entering  upon  the  Execution  of  his  Office, 
mall  take  an  Oath  to  the  State,  and  all  Officers  mall 
alfo  take  an  Oath  of  Office. 

XIII.  That  the  the  General  AfTembly  fhall,  by 
joint  Ballot  of  both  Houfes,  appoint  Judgejsofthe 
Supreme  Courts  of  Law  and  Equity,  Judges  of  Ad- 
miralty, and  Attorney  General,  who  fhall  be  com* 
miffioned  by  the  Governor,  and  hold  their  Offices 
during  good  Behaviour. 

XIV.  That  the  Senate  and  Houfe  of  Commons  fhall 
have  power  to  appoint  the  Generals  and  Field  Offi- 
cers of  the  Militia,  and  all  Officers  of  the  regular 
Army  of  this  Sate. 

XV.  That  the  Senate  and  Houfe  of  Commons, 
jointly,  at  their  firft  Meeting  after  each  annual  E- 
lection,  fhall  by  Ballot  elecl;  a  Governor  for  one 
Year,  who  fhall  not  be  eligible  to  that  Office  longer 
than  three  Years  in  fix  fucceffive  Years.  That  no 
Perfon  under  thirty  Years  of  Age,  and  who  has  not 
been  a  Refident  in  this  State  above  five  Years,and  hav- 
ing in  the  State  a  Freehold  in  Lands  and  Tenements 
above  the  Value  of  One  Tboufand  Pounds,  fhall  be 
eligible  as  a  Governor. 

XVI.  That  the  Senate  and  Houfe  of  Commons, 
jointly,  at  their  firtt  Meeting  after  each  annual  Elec- 
tion, fhall  by  Ballot  elect  feven  Perfons  to  be  a 
Council  of  State  for  one  Year,  who  fhall  advife  the 
Governor  in  the  Execution  of  his  Office,  and  that 
four  Members  fhall  be  a  Quirum  ;  their  Advice  and 
Proceedings  fhall  be  entered  in  a  journal  to  be  kept 
for  that  purpofe  only,  and  figned  by  the  Members 
prefent,  to  any  part  of  which  any  Member  prefent 
may  enter  his  DifTent.  And  fuch  Journal  fhall  be 
laid  before  the  General  AiTembly,  when  called  for 
by  them. 

"XVII.  That  there  fhall  be  a  Seal  of  this  State, 
which  fhall  be  kept  by  the  Governor,  and  ufed  by 
him  as  Occafion  may  require;  and  fhall  be  called  the 

Great 


(    u    ) 

Great  Seal  of  the  State  of  North  Carolina,  and  be  af- 
fixed to  all  Grants  and  Commiffions. 

XVIII.  The  Governor,  for  the  time  being,  fhall 
be  Captain  General,  and  Commander  in  Chief  of  the 
Militia  ;  and  in  the  Recefs  of  the  General  Aflembly, 
fhall  have  Power,  by  and  with  the  Advice  of  the 
Council  of  State,  to  embody  the  Militia  for  the  Pub- 
lic Safety. 

XIX.  That  the  Governor,  for  the  Time  being, 
fhall  have  Power  to  draw  for,  and  apply,  fuch  Sums 
of  Money  as  fhall  be  voted  bythe  General  Aflembly  for 
the  Contingencies  of  Government,  and  be  accounta- 
ble to  them  for  the  fame.  He  alfo  may,  by  and 
"with  the  advice  of  the  Council  of  State,  lay  Embar- 
goes, or  prohibit  the  Exportation  of  any  Commodi- 
ty, for  any  Term,  not  exceding  thirty  Days  at  any 
one  Time,  in  the  Recefs  of  the  General  Aflembly  ; 
and  fhall  have  the  Power  of  granting  Pardons  and 
Reprieves,  except  where  the  Profecution  fhall  be  car- 
ried on,  by  the  General  Aflembly,or  the  Law  fhall  o- 
therwife  direct ;  in  which  Cafe  he  may,  in  the  Re- 
cefs grant  a  Reprieve  until  the  next  fitting  of  theGe- 
neral  Aflembly ;  and  may  exercife  all  the  other  exe- 
cutive Powers  of  Government,  limited  and  retrain- 
ed, as  by  thisConftitution  is  mentioned,  and  accord- 
ing to  the  Laws  of  the  State.  And  on  his  death,  in> 
ability  or  Abfence  from  the  State,  the  Speaker  of  the 
Senate  for  the  Time  being,  and  in  Cafe  of  his  Death, 
Inability,  or  Abfence  from  the  State,  the  Speaker  of 
the  Houfe  of  Commons,  fhall  exercife  the  Powers  of 
Government,  after  fuch  Death,  or  during;  fuch  Ab- 
fence or  Inability,  of  the  Governor,  or  Speaker  of  the 
Senate,  or  until  a  new  Nomination  is  made  by  the 
General  Aflembly. 

XX-  That  in  every  Cafe  where  any  officer,  the 
Right  of  whofe  Appointment  is  by  this  Conftitution 
vefted  in  the  General  Aflembly,  fhall  during  their 
Recefs  die,  or  his  Office  by  other  Means  become  va- 
cant, the  Governor  fhall  have  Power,  with  the  ad- 
vice of  the  Council  of  State,  to  fill  up  fuch  Vacapcy 

by 


(  »*  ) 

by  granting  a  temporary  Commiffion,  which  fhall 
expire  at  the  End  of  next  fefliou  of  the  General  Af- 
Tembly. 

XXL  That  the  Governor,  Judges  of  the  Supreme 
Court  of  Law  and  Equity,  Judges  of  Admiralty,  and 
Attorney  General,  (hall  have  adequate  Salaries,  dur- 
ing their  Continuance  in  Office. 

XXII.  That  the  General  AfTembly  fhall,  by  joint 
Ballot  of  both  Houfes,  annually  appoint  a  Treafurer 
or  Treafurers  for  this  State. 

XXJII.  That  the  Governor,  and  other  Officer,  of- 
fending againft  the  State,  by  violating  any  Part  of 
this  Conftitution,  Mal-Adminiftration,  or  Corrup- 
tion, may  be  profecuted  on  the  Impeachment  of  the 
General  AfTmbly,  or  Ptefentment  of  the  Grand  Ju- 
ry of  any  Court  of  Supreme  Jurifdidiion  in  this  State. 

XXIV.  That  the  General  AfTembly  fhall,  by 
joint  Ballot  of  both  Houfes,  triennially  appoint  a 
Secretary  for  this  State. 

XXV.  That  no  Perfons,  who  heretofore  have  been, 
or  hereafter  may  he  Receivers  of  Public  Monies, 
fhall  have  a  Seat  in  either  Houfe  of  General  AfTem- 
bly, or  be  eligible  to  any  Office  in  this  State,  until 
fuch  Perfon  fhall  have  fully  accounted  for,  and  paid 
into  the  Treafury,  all  Sums  for  which  they  may  be 
accountable  and  liable. 

XXVI.  That  no  Treafurer  fhall  have  a  Seat  in  ei- 
ther Senate,  Houfe  of  Commons,  or  Council  of  State, 
during  his  Continuance  in  that  Office,  or  before  he 
fhall  have  finally  fettled  his  Accounts  with  the  Public 
for  all  Monies  which  may  be  in  his  Hands,  at  the  Ex- 
piration of  his  Office  belonging  to  the  State,and  hath 
paid  the  fame  into  the  Hands  of  the  fucceeding  Trea- 
furer. 

XXVII.  That  no  Officer  in  the  regular  Army  or 
Navy,  in  the  Service  and  Pay  of  the  United  States 
of  this  or  any  other  State,  nor  any  Contractor  or  A- 
gent  for  fuplying  fuch  Army  or  Navy  with  clothing 
or  provisions,  fhall  have  a  Seat  in  either  the  Senate, 
Houfe  of  Commons  or  Council  of  State,  or  be  eligi- 

,     tie 


(     '3     ) 
ble  thereto  ;  and  any  Member  of  the  Senate,  Houfe 
o.f  Commons,  or  Council  of  State,   being  appointed 
to,  and  accepting  of  fuch  Office,    (hall  thereby  va- 
cate his  Seat. 

XXVIII.  That  no  Member  of  the  Council  of  State 
mall  have  a  Seat  either  in  the  Senate  or  Houfe  of 
Commons. 

XXIX.  That  no  Judge  of  the  Supreme  Court  of 
Law  or  Equity,  or  Judge  of  Admiralty,  fhall  have  a 
Seat  in  the  Senate,  Houfe  of  Commons,  or  Council 
of  State. 

XXX.  That  no  Secretary  of  this  State,  Attorney 
General,  or  Clerk  of  any  Court  of  Record,  fhall 
Jiave  a  Seat  in  the  Senate,  Houfe  of  Commons,  or 
Council  of  State. 

XXXI.  That  no  Clergyman  or  Preacher  of  the 
Gofpel,of  anyDenomination,(hall  be  capable  of  being 
a  Member  of  either  the  Senate,  Houfe  of  Commons, 
or  Council  of  State,  while  he  continues  in  the  Exer- 
cife  of  the  Paftoral  Function. 

XXXII.  That  no  Perfon  who  fhall  deny  the  Being 
of  God,  or  the  Truth  of  the  Proteftant  Religion,  or 
the  divine  Authority  either  of  the  Old  or  NewTefta- 
ment,  or  who  fliall  hold  religious  Principles  incompa- 
tible with  the  Freedom  and  Safety  of  the  State,  fhall 
be  capable  of  holding  any  Office,  or  Place  of  Truft 
or  profit  in  the  civil  Department  within  this  State. 

XXXIII.  That  the  Juftices  of  the  Peace  within 
their  refpective  Counties  in  this  State,fhall  in  future 
be  recommended  to  the  Governor,  for  rhe  time  be- 
ing* ty  the  Reprefentatives  in  General  Aflembly, 
and  the  Governor  fhall  commiffion  them  according- 
ly ;  and  the  Juftices,  when  fo  commiffioned,  fhall 
hold  their  Offices  during  good  Behaviour,  and  fhall 
not  be  removed  from  Office  by  the  General  AfTembly, 
unlefs  for  Mifbehaviour,  £bfence,  or  Inability. 

XXXIV.That  there  fhall  be  no  Eftablifhment  of  any 
one  religious  Church  or  Denomination  in  this  State 
in  Preference  to  any  other,  neither  fhall  any  Perfon, 
on  any  Pretence  whatfoever,  be  compelled  to  attend 

>      "  any 


(     M    ) 

any  Place  of  Worfhip  contrary  to  his  own  Faith  or 
Judgment,  nor  be  obliged  to*pay  for  the  Purchafe  of 
any  Glebe,  or  the  building  of  any  Houfe  of  Wor- 
fhip, or  for  theMaintenance  of  any  Minifter  or  Mi- 
nifiry,  contrary  to  what  he  believes  right,  or  has 
voluntarily  and  perfonally  engaged  to  perform  ;  but 
all  Perfons  fhall  be  at  liberty  to  exercife  their  own 
Mode  of  Worfhip.  Provided,  That  nothing  herein  con- 
tained (hall  be  eoniiructed  to  exempt  Preachers  of 
treafonable  or  feditious  Difcourfes  from  legal  Trial 
and  Punilhment. 

XXXV.  That  no  perfon  in  the  State  fhall  hold 
more  than  one  lucrative  Office  at  any  one  Time.  Pro- 
vided, That  no  Appointment  in  the  Militia,  orjhe  Of- 
fice of  a  Juftice  of  the  Peace,  mall  be  confidered  as  a 
lucrative  Office. 

XXXVI.  That  all  Commiffions  and  Grants  fhall 
run  in  the  Name  of  the  State  of  North  Carolina,  and 
bear  Teft,  and  be  figned  by  the  Governor.  All 
writs  fhall  run  in  tl#e  fame  Manner,  and  bear  Teft, 
and  be  ligned  by  the  Clerks  of  the  refpedtive  Courts. 
Indictments  fhall  conclude,  Againfl  the  Peace  and 
Dignity  of  the  State. 

XXX  VII.  That  the  Delegates  for  this  State  to  the 
Continental  Congrefs,  while  neceffary,  fhall  be  chofen 
annually  by  the  General  AiTembly,  by  Ballot,  but 
may  be  fuperfeded  in  the  mean  time  in  the  fame 
Manner,  and  no  Perfon  fhall  be  elected  to  ferve  in 
that  Capacity  for  more  than  three  Years  fucceffively. 

XXXVIII.  That  there  fhall  be  a  Sheriff,  Coroner 
or  Coroners,  and  conftables,  in  each  County  within 
this  State. 

XXXIX.  That  the  Perfon  of  a  Debtor,  where 
there  is  not  a  ftrong  Prefumption  of  Fraud,  fhall  not 
be  continued  in  Prifon,  after  delivering  up,  bona 
fide,  all  his  Eftate,  real  and  perfonal,.  for  the  ufe  of 
his  Creditors,  in  fuch  mariner  as  fhall  be  hereafter 
regulated  by  Law.  All  Prifoners  fhall  be  bailable  by 
fufhcient  fureties,  unlefs  for  capital  Offences,  when 
the  proof  is  evident,  or  the  Prefumption  great. 

XL. 


»  » 

(   n   ) 

XL.  That  every  Foreigner  who  comes  to  fettle  in 
this  State,  having  firfl  taken  an  Oath  of  Allegiance  to 
the  fame,  may  purchafe,  or  by  other juft  Means  ac- 
0  quire,  hold  and  transfer.  Land,  or  other  real  Eftate  ; 
and  after  one  Year's  Refidtnce,  mail  be  deemed  a 
free  Citizen. 

XLI.That  a  School  or  Schools  fhall  be  eftablifhed 
by  the  Legislature,  for  the  convenient  Inftri  ction  of 
Youth,  with  fuch  Salaries  to  the  Mafters,  paid  by 
the  public,  as  may  enable  them  to  inftruct  at  low 
Prices  j  and  all  ufeful  Learning  mall  be  duely  encou- 
raged and  promoted  in  one  or  more  Univeifities. 

XLII.  That  no  purchafe  of  Lands  mail  be  made 
of  the  Indian  Natives,  but  on  Behalf  of  the  public, 
by  Authority  of  the  General  Aflembly. 

XLIII.  That  the  future  Legislature  of  this  State 
mall  regulate  Intails,  in  fuch  a  Manner  as  to  prevent 
Perpetuities. 

XLIV.  That  the  Declaration  of  the  Rights  is 
hereby  declared  to  be  Part  of  the  Conflitution  of 
this  State,  and  ought  never  to  be  violated,  on  any 
Pretence  whatfoever. 

XLV.  That  any  Member  of  either  Houfe  of  Ge- 
neral Aflembly  fhall  have  Liberty  to  diflent  from, 
and  proteft  againft,any  actor  Refolve  which  he  may 
think  injurious  to  the  Public,  or  any  individual,  and 
have  the  Reafons  of  his  Diflent  entered  on  the  Jour- 
nals. 

XLVI.  That  neither  Houfe  of  the  General  Aflem- 
bly fhall  proceed  upon  Public  Bufinefs,  unlefs  a  Ma- 
**joi  ity  of  all  the  Members  of  fuch  Houfe  are  actually 
^prefent ;  and  that  upon  a  Motion  made  and  fecond- 
ed,  the  Yeas  and  Nays  upon  any  Queflion  fhall  be 
taken  and  entered  on  the  Journals  ;  and  that  the 
Journals  of  the  Proceedings  of  both  Houfes  of  the 
General  Aflembly  fhall  be  printed,  and  made  public, 
immediately  after  their  Adjournment. 

This  Conflitution  is  nakintended  to  preclude  the 
prefent  Congrefs  from  making  a  temporary  Provifi- 
on  for  the  well  ordering  of  this  'State/  until  the  Ge- 

I-_  *  neral 


(    16     ) 

neral  Aflembly  fhall  eftabli/h. Government  agreeable 
to  the  Mode  herein  before  defcribed. 


RICHARD  CASWELL,  President. 

December  t\\t  Eighteenth,  OneThoufand  Seven  Hun- 
dred and  Seventy  Six,  read  the  third  Time,  and 
ratified  in  open  Congrefs. 

By  Order, 

James  Grk$'N,  jun, 


